TVPA vs Reality and Victim Deportation

According to the Trafficking Victims Protection Act (TVPA) victims of human trafficking must comply with any reasonable request of law enforcement and attempt to report the traffickers.

Too often in my experiences since 2003, many of the victims who report are then left without certification, if law enforcement cannot or chooses not pursue the case. This leaves the victims in the dangerous position of having reported to law enforcement - something that the traffickers many times have promised death to the victims- and not being protected from deportation. To apply for relief from deportation victims require coo-berating evidence that they are victims of human trafficking. The application asks for a one-page form that documents the victims' attempt to report the crime signed by a law enforcement officer. This form is not contingent on a prosecution or even an investigation according to the TVPA, however in reality these forms are rarely signed even after a victim has reported to authorities.

Now the victims are left having risked their lives and or the lives of their loved ones by reporting the traffickers and for reasons outside their control they are dropped through the cracks. They are not protected and are either forced to exist underground or arrested and deported to certain death or re-trafficking.

In all the training I have received and in meeting with the lawmakers who wrote the laws the spirit of the TVPA and its reauthorizations was to protect the victims, not to place them in harms way due to their cooperation. Yet in reality, the truth is most victims risk being disbelieved or unable to be recognized by law enforcement is they speak out about the crimes.

There are a few well-trained and experienced officers that do understand the reason for the certifications, however these agents and officers are but hand full in all of the US. Human trafficking is the fastest growing crime in the world and it is a least a $10 billion crime annually, yet in the US the number of trained people working on this issue full time is but several dozen. Can you imagine fighting the drug trade with a few dozen people and no protection for victims/witnesses?

We need a change in the culture of law enforcement agencies so they must understand they have a duty under the TVPA to protect the victim even if there is not criminal case to be prosecuted. In California, the state law requires all law enforcement officers to either sign the form or submit in writing the reason for not signing the form within two weeks of the victim's report. This law should be looked at for other states.

We also need elected officials to look into the decisions that have left victims of human trafficking in desperate and unimaginable danger. Any agency should be looked at if they have taken reports from human trafficking victims and not protected them. It is critical that this practice have some oversight and accountability.

We have a victim now that is in certain danger as she is in the last stages of being deported. Through this process she has been in contact with many federal officers who should have recognized her as a victim trafficking yet she is days from deportation even thought she has reported to police many times. I hope and pray we can stop this as she has already been threatened and called "police woman" by someone from the city were she will be deported to. This is unacceptable in the country that claims to lead the global fight to combat human trafficking.

Related articles

• Congress Must Combat Sex Trafficking (forcechange.com)
• Dottie Laster on Panel at Human Trafficking Summit (imaginepublicity.com)
• Ohio House passes human trafficking bill (vindy.com)
• Law Enforcement Officials Team Up To Stop Human Trafficking (baltimore.cbslocal.com)
• Four held for human trafficking and importing drugs (timesofmalta.com)
• Human trafficking along the Grand Strand (traffickinginsc.wordpress.com)

Canadaian Member of Parliment Joy Smith announces new penalties for child traffickers

email from Canada Member of Parliament Joy Smith (published with permission)

Dear friends,


It is with great joy that I inform you that Bill C-268 has finally passed the Senate of Canada!

I am so pleased that our country now has a law that assures significant penalties for those who traffic children. No longer will traffickers walk out of jail a week after being convicted.

I want to take a moment to thank you for the amazing support you have shown over the past year and a half. Tens of thousands of Canadians have voiced their support for Bill C-268 through petitions, emails, letters and phone calls. Your voice was heard!
My hope is that Bill C-268 is a tipping point for much more action on human trafficking. There is much to be done and I plan to continue to advocate for a National Action Plan to combat human trafficking.
We need to ensure that there are effective prevention initiatives in place and partnerships formed between federal and provincial governments to provide much needed protection and rehabilitation for victims.

I am sure you will join me in the next steps necessary to rid Canada of modern day slavery.

Again thank you for your support during this long journey. We are making a difference!

Sincerely,

Joy Smith, MP

Kildonan – St. Paul


FOR IMMEDIATE RELEASE

June 17, 2010



News Release
Child Trafficking Bill Overcomes Final Hurdle to Become Law
Ottawa, ON: Today, the Senate of Canada adopted at Third Reading Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years). The legislation will now be sent to the Governor General of Canada for Royal Assent.



Bill C-268 will amend Canada’s Criminal Code to introduce a new human trafficking offence specifically addressing child traffickers. The new law will provide a minimum sentence of five years imprisonment for anyone convicted of trafficking a minor in Canada and a minimum of six years imprisonment for cases with aggravating factors.



Introduced on January 29, 2009, by Joy Smith, Member of Parliament for Kildonan – St. Paul, Bill C-268 has attracted broad national support. On September 30, 2009, Bill C-268 was adopted by the House of Commons with the bi-partisan support of Conservative and Liberal MPs and most NDP MPs. On October 1, 2009, Bill C-268 was first introduced into the Senate and was sponsored by Senator Yonah Martin.



“The strong support for Bill C-268 reveals a clear indication that the majority of Parliamentarians understand the necessity of ensuring the traffickers of minors receive sentences that reflect the severity of this grave offence,” said MP Joy Smith. “Traffickers need to know that Canada will not accept the exploitation and sale of our children and any attempts to do so will be met with stiff consequences.”



Bill C-268 is the first and only Private Members’ Bill to be passed by Parliament since the last election in 2008. The passing of Bill C-268 is even more significant since it amends the Criminal Code. Prior to this legislation, only 14 Private Members’ Bills containing Criminal Code amendments have been adopted by the Canadian Parliament since Confederation.



Since introducing Bill C-268, Mrs. Smith has presented petitions containing tens of thousands of signatures from Canadians who demanded that the penalties to child traffickers fully reflect the gravity of the crime. Many organizations have also lent their support for this legislation, representing stakeholders such as law enforcement, victim’s services, NGO’s, and First Nations representatives.



The demand for Bill C-268 arose from a number of human trafficking convictions involving minors where the offender received insignificant sentences. For example, Michael Lennox Mark was convicted on November 10, 2008, for selling a 17- year-old girl for sex. He received a two- year sentence but only spent a week in jail following after his conviction due to the credit of pre-trial custody.



The international community has also recognized this concern and in October 2008, the Report of the Canada-U.S. Consultation in Preparation for the World Congress III Against Sexual Exploitation of Children and Adolescents recommended that Canada enact a mandatory minimum penalty for child trafficking. Last year, the 2009 U.S. State Department Trafficking in Persons Report also noted the difficulties reported by Canadian law enforcement with securing adequate punishments against offenders.



MP Joy Smith has been recognized as a leading expert and speaker on the issue and is working at the national and international level to end human trafficking. Since being elected, MP Joy Smith has advocated for a national action plan to be implemented to combat human trafficking in Canada. In 2007, MP Smith saw her motion M-153, which urged the development of a comprehensive national plan, unanimously passed by the Parliament of Canada.



“Bill C-268 is an important step forward in addressing human trafficking here in Canada,” states MP Joy Smith. “However, Canada also needs a comprehensive national action plan to combat human trafficking that addresses the multifaceted aspects of this crime. We need to have a federal strategy in coordination with provincial and territorial governments that focuses on prevention initiatives, greater protection and rehabilitation for the victims, and partnerships with frontline organizations.”



For more information on Bill C-268, please visit: http://www.joysmith.ca/main.asp?fxoid=FXMenu,7&cat_ID=27&sub_ID=96.





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For further information please contact:



Joel Oosterman, Chief of Staff

Office of Joy Smith, MP

Phone: (613) 220-6795

Email: smithj8@parl.gc.ca

New Requirements for Training

The new Trafficking Victims Protection Act Re authorization requires organizations to train their staff about human trafficking issues. This is an important development that will benefit the organizations as well as the people served by them. Many organizations working on human trafficking have seen conflicts arise due to a lack of preparation, training and experience by some of the large number of people needed to work on human trafficking cases. Sometimes it is as simple as not knowing the new laws or being unable to anticipate how working on human trafficking will affect the organizations' relationships, activities, and staff. Informed planning about human trafficking victims' needs, local resources, how to collaborate in an investigation, safety and security practices, funding sources and many more critical areas of planning, procedures, and policy need to be understood by all memebers of a coaltion or task force to minimize conflicts and to facilitate the best cases outcomes possible.





Laster Global Consulting is prepared and experienced in providing this training and consulting for your organization. For more information see http://www.lasterglobal.com/.